Gaveled in 11:08 AM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 3, 2015
11:08 a.m.
REGULAR SESSION
SENATOR RICH FUNKE, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT FUNKE:The Senate will come to order.
I ask everyone present to please rise and repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT FUNKE:In the absence of clergy, may we please bow our heads in a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT FUNKE:The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, June 2nd, the Senate met pursuant to adjournment. The Journal of Monday, June 1st, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT FUNKE:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 58, Senator Venditto moves to discharge, from the Committee on Local Government, Assembly Bill Number 5933 and substitute it for the identical Senate Bill Number 4395, Third Reading Calendar 834.
ACTING PRESIDENT FUNKE:The substitution is so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, on behalf of Senator Golden, on page 62 I offer the following amendments to Calendar Number 890, Senate Print 691, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT FUNKE:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: I'd next like to call up Senator Young's bill, Print Number 4267, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Calendar Number 301, by Senator Young, Senate Print 4267, an act to amend the Highway Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT FUNKE:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 50.
ACTING PRESIDENT FUNKE:The bill is restored to its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT FUNKE:The amendments are received, and the bill retains its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: Next I wish to call up Senator Young's bill, Print Number 4268, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Calendar Number 302, by Senator Young, Senate Print 4268, an act to amend the Highway Law.
SENATOR DeFRANCISCO: Mr. President, I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT FUNKE:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 50.
ACTING PRESIDENT FUNKE:The bill is restored to its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: And I now offer the following amendments.
ACTING PRESIDENT FUNKE:The amendments are received, and the bill retains its place on the Third Reading Calendar.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Would you please recognize Senator Gianaris.
ACTING PRESIDENT FUNKE:Senator Gianaris.
SENATOR GIANARIS:Thank you.
Mr. President, on behalf of Leader Stewart-Cousins, on page 53 I offer the following amendments to Calendar Number 740, Senate Print 5187, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT FUNKE:Senator, those amendments are received and the bill shall retain its place on the Third Reading Calendar.
Senator DeFrancisco.
SENATOR DeFRANCISCO: May we now take up a previously adopted resolution, that's Number 1898, read it in its entirety, and then please recognize Senator Gallivan.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1898, by Senator Gallivan, honoring Ricky Palermo upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate.
"WHEREAS, It is incumbent upon the people of the State of New York to recognize and acknowledge those within our midst who have made significant contributions to the quality of life therein; and
"WHEREAS, From time to time this Legislative Body takes note of certain extraordinary individuals it wishes to recognize for their valued contributions to the success and progress of society and publicly acknowledge their endeavors which have enhanced the basic humanity among us all; and
"WHEREAS, This Legislative Body is justly proud to honor Ricky Palermo upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate; and
"WHEREAS, The New York State Senate Liberty Medal was established by resolution and is awarded to individuals who have merited special commendation for exceptional, heroic, or humanitarian acts on behalf of their fellow New Yorkers; and
"WHEREAS, A native of Batavia, New York, Ricky Palermo was involved in an automobile accident in 1981, which injured his spinal cord and left him paralyzed from the chest down; and
"WHEREAS, With the support of family and friends, Ricky Palermo started an annual golf tournament in an effort to raise awareness and funding for people with spinal cord injuries; and
"WHEREAS, For the past 17 years, the Ricky Palermo Spinal Injury Golf Tournament has donated significant funds in support of research and further care for those with this affliction; and
"WHEREAS, This year's 18th Annual Palermo Golf Tournament and Dinner will be held on Saturday, August 2, 2015; other events taking place throughout the year include a lacrosse clinic, as well as a soccer and basketball clinic; and
"WHEREAS, An avid sports fan, Ricky Palermo played soccer, basketball, and football at Byron Bergen High School; he was named Most Valuable Player in each of these sports, and is a recipient of his school's Athlete of the Year Award; and
"WHEREAS, Throughout the entire period of his community service, a period of constructive involvement, Ricky Palermo has stood constant in dignity, good grace and humor; and
"WHEREAS, With him throughout have been his parents, Virginia and Pat, his brother, Jim (Nancy), his sister, Patty (Joe), and his three nieces, Jamie, Amy, and Annie, all of whom feel privileged to be a part of his life and rejoice in his achievements; and
"WHEREAS, Individuals and organizations devoted to improving the quality of life for others, enabling them to build lives of dignity and self-worth, are deserving of the highest praise and recognition; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor Ricky Palermo upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Ricky Palermo."
ACTING PRESIDENT FUNKE:Senator Gallivan.
SENATOR GALLIVAN:Thank you, Mr. President.
I rise to thank my colleagues for bestowing the Liberty Medal upon my lifelong friend Ricky Palermo.
You've heard some of his accomplishments, and it really is a testament to him and his family that following his injury in 1981 that he has dedicated himself over 30 years now to trying to do something about it and to help others.
Through his efforts, he's raised over a million dollars to benefit spinal cord research, in particular supporting the Miami Project to Cure Paralysis that was developed back in the mid-'80s when Marc Buoniconti, son of Miami Dolphins Hall of Famer Nick Buoniconti, was injured and ultimately founded the Miami Project to Cure Paralysis to find a cure for paralysis.
Not much was known in the 1980s about spinal cord injuries. There was almost no hope then. And Ricky continued, with others, to persevere, the doctors did their work, and now there is hope. Along with the FDA's recent approval, doctors at the Miami Project have now actually started doing human clinical trials for both those with acute spinal cord injuries and chronic injuries like Ricky has.
Rick is now trying to make people aware of these clinical trials in an effort to help those individuals and families that suffer these injuries, and he becomes available to any member to help with the emergency rooms, the trauma doctors in your particular district, to help make families aware that this is something that can exist and benefit them.
And in addition to that, he has worked with the YMCA and started a bike program to help those with spinal cord neurological injuries, and again is available for anybody with the YMCA who has an interest in developing this program.
He is an incredible person, coming from an incredible family. He's here today with his brother Jim, another lifelong friend, and a friend, Sam from Batavia, and his nurse Jackie.
And he truly is an inspiration to many, many people who continue to stand with him to try to do something about spinal cord injuries. And because, in part, of his efforts and so many others, there actually is hope on the horizon.
And I thank you for your efforts. I'm thrilled that you're here with us today. And I thank my colleagues again for recognizing Ricky with a Liberty Medal.
Thank you, Mr. President.
ACTING PRESIDENT FUNKE:Thank you, Senator Gallivan.
Rick, you and your family have been friends of mine, extended relatives. In all transparency, your sister is my sister-in-law.
We all salute your perseverance. We all salute your grace in the face of enormous adversity all these years, Rick. And we thank you for setting such a great example for all of us.
On behalf of the entire State Senate, we thank you for all you do and for turning a tragedy into a triumph. On behalf of the New York State Senate, we extend the gratitude of the entire Senate to you and your family.
(Standing ovation.)
ACTING PRESIDENT FUNKE:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, Senator Gallivan would like to open up the resolution for cosponsorship. Everybody will be placed on unless you indicate otherwise to the chair.
Would you please take up the noncontroversial reading of the calendar.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Calendar Number 371, by Senator Krueger, Senate Print 4265, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 374, by Senator Ritchie, Senate Print 4641, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 54. Nays, 3. Senators Montgomery, Perkins and Sanders recorded in the negative.
ACTING PRESIDENT FUNKE:And the bill is passed.
THE SECRETARY:Calendar Number 409, by Senator Boyle, Senate Print 98, an act to amend the Education Law.
SENATOR BOYLE:Lay it aside temporarily.
ACTING PRESIDENT FUNKE:The bill is laid aside.
THE SECRETARY:Calendar Number 505, by Senator Marchione, Senate Print 3826, an act to amend the Executive Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 514, by Senator Marcellino, Senate Print 410, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 56. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 515, by Senator LaValle, Senate Print 2102, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 526, by Senator Funke, Senate Print 4561A, an act to amend the Highway Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 527, by Senator Funke, Senate Print 4564A, an act to amend the Highway Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 528, by Senator Funke, Senate Print 4565A, an act to amend the Highway Law.
ACTING PRESIDENT FUNKE:Please read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 537, by Senator Flanagan, Senate Print 2165, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:In relation to Calendar 537, those recorded in the negative are Senators Avella, Comrie, Hoylman, Krueger, Montgomery, Perkins, Sanders, Serrano and Squadron.
Ayes, 48. Nays, 9.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 549, by Senator Gallivan, Senate Print 440B, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 655, by Senator Lanza, Senate Print 3850, an act to amend Chapter 154 of the Laws of 1921.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect upon enactment into law by the State of New Jersey.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 729, by Senator Ranzenhofer, Senate Print 797, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Please announce the result.
THE SECRETARY:Ayes, 56. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT FUNKE:And that bill is passed.
THE SECRETARY:Calendar Number 731, by Senator Ritchie, Senate Print 1832, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 742, by Senator Marchione, Senate Print 1487, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:That bill is passed.
THE SECRETARY:Calendar Number 748, by Senator Murphy, Senate Print 4809, an act to amend the Tax Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:That bill is passed.
THE SECRETARY:Calendar Number 817, by Senator Griffo, Senate Print 738, an act to amend the Public Health Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:That bill is passed.
THE SECRETARY:Calendar Number 821, by Senator Ortt, Senate Print 3638A, an act to amend the Public Health Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:That bill is passed.
THE SECRETARY:Calendar Number 829, by Senator Young, Senate Print 3017, an act to amend the General Municipal Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 834, substituted earlier by Member of the Assembly Kaminsky, Assembly Print 5933, an act to amend the Real Property Tax Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
A little order in the chamber, thank you. Everybody, thank you.
THE SECRETARY:Calendar Number 838, by Senator Valesky, Senate Print 4990, an act to amend the General Municipal Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 840, by Senator Ortt, Senate Print 5013A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT FUNKE:That bill is passed.
THE SECRETARY:Calendar Number 858, by Senator Ranzenhofer, Senate Print 800, an act to amend the Tax Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of April.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Senator Hoylman to explain his vote.
SENATOR HOYLMAN:I'm sure, Mr. President, that this bill shows how out of touch we are with the concerns of everyday New Yorkers. After all, it's providing a sales tax exemption to the services provided by a farrier in shoeing a horse. To me, this is the four-legged equivalent of the tax exemption we passed earlier this year on private aircraft.
We don't need to give the international jet set a tax relief on the backs of New Yorkers. This will cost New York State millions of dollars, and we should be using that money instead to protect the most vulnerable.
I'll be voting no. Thank you, Mr. President.
ACTING PRESIDENT FUNKE:Thank you, Senator Hoylman.
Senator Hoylman is recorded in the negative.
Announce the result.
THE SECRETARY:In relation to Calendar 858, those recorded in the negative are Senators Comrie, DeFrancisco, Espaillat, Hoylman, Krueger, Montgomery, Rivera, Sanders, Serrano and Squadron. Also Senator Perkins.
Ayes, 47. Nays, 11.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 860, by Senator Marchione, Senate Print 1194, an act to amend the State Finance Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 861, by Senator Young, Senate Print 1368, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 863, by Senator Marcellino, Senate Print 1921, an act to amend the Tax Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 866, by Senator Funke, Senate Print 2978, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 876, by Senator Young, Senate Print 1394, an act to amend the General City Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 10. This act shall take effect on the first of July.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT FUNKE:That bill is passed.
THE SECRETARY:Calendar Number 883, by Senator Klein, Senate Print 4119A, an act to amend Chapter 383 of the Laws of 1991.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Please announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 892, by Senator Montgomery, Senate Print 1050, an act to amend the Executive Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 944, by Senator Avella, Senate Print 1142, an act to amend the Penal Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:In relation to Calendar 944, those recorded in the negative are Senators Comrie and Perkins.
Ayes, 57. Nays, 2.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 1025, by Senator Valesky, Senate Print 5335, an act to amend the Highway Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Senator Valesky to explain his vote.
SENATOR VALESKY:Thank you very much, Mr. President.
A number of years ago in Onondaga County, on Interstate Route 481, a young man, a deputy sheriff by the name of Glenn Searles, did what many law enforcement officers do each and every day across our great state. There happened to have been a snowstorm that day, a motorist became stranded as a result of the severe weather, and Deputy Sheriff Searles did his job.
Deputy Sheriff Searles served the community. He pulled over behind that stranded motorist to offer aid and assistance. Deputy Sheriff Searles did not know, certainly, at the time that he would be giving his life as he served the public that day. He was struck by an oncoming vehicle as he served that stranded motorist.
And so today, through this piece of legislation, the State of New York pauses and memorializes the sacrifice made by this young man, whose lifelong dream was to be a deputy sheriff. He had been an investigator in the Onondaga County medical examiner's office, and service was what he had always aspired to do.
This bill, by designating a portion of that interstate highway in his honor, allows us as a Senate to thank him publicly, to acknowledge his specific sacrifice on behalf of the people of Central New York and certainly, in a very real and significant way, all of those who serve in law enforcement across the State of New York who each and every day put their lives in harm's way to be of service to each and every one of us.
I vote in the affirmative and encourage my colleagues to do likewise.
Thank you.
ACTING PRESIDENT FUNKE:Thank you, Senator Valesky.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Senator Valesky very aptly reported what had happened in this situation and the good that came from it, with good legislations that help protect other police officers stopping cars for whatever reason.
Mr. Searles was a resident of my district, and I want to just compliment Senator Valesky for bringing this piece of legislation forward so he will be commemorated for many, many years to come.
Thank you. I vote aye.
ACTING PRESIDENT FUNKE:Senator Valesky and Senator DeFrancisco are recorded in the affirmative.
Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 1067, by Senator Perkins, Senate Print 5420, an act to amend Chapter 192 of the Laws of 2011.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 1127, by Senator Marcellino, Senate Print 423, an act to amend the Penal Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 57. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 1139, by Senator Avella, Senate Print 1130A, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Senator Terrence Murphy to explain his vote.
SENATOR MURPHY:Yes, sir. Thank you, Mr. President.
As part owner of a family-run restaurant in my district, I would like to abstain from this vote, sir.
ACTING PRESIDENT FUNKE:Senator Murphy, so ordered.
Announce the result.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 1153, by Senator Carlucci, Senate Print 2704, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 120th day.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Senator David Carlucci to explain his vote.
SENATOR CARLUCCI:Thank you, Mr. President.
I want to thank my colleagues for supporting this important legislation. The cost of tolls in the State of New York is a very serious problem. The cost of tolls eats away at the buying power for middle-class families.
And in New York State, we have a unique problem with tolls. The fact is you can cross the Tappan Zee bridge and drive up 95 all the way to Boston before paying another toll. But if you want to drive from Rockland County to Long Island, you're going to pay toll after toll after toll.
So we have to do everything possible to mitigate the cost of tolls in New York State. And one glaring loophole that's happening right now is the problem of toll evaders. In fact, over the past five years we've lost $150 million in revenue because of toll evasion.
And there's a simple fix. All we have to do is pass this legislation to close a loophole that exists in the system right now, allow the DMV to work with the Thruway Authority and other toll-collecting authorities to suspend someone's vehicle registration if they're a chronic toll evader.
And we're not talking about someone that forgot their E-ZPass once, twice, three times, four times. We're talking about chronic toll evaders. The Associated Press did some research on this; they found one cab driver in New York City had over $28,000 in unpaid tolls.
And this is an issue where the Thruway Authority doesn't have the authority to go down and chase somebody for these tolls. They simply send you a letter, and if you don't pay it, they'll kick it over to a collection agency. Unfortunately, people have gotten wind of that. This is a growing problem, a serious problem.
By passing this legislation we can save hundreds of millions of dollars in the future and make sure we do what we can to mitigate the cost of tolls in the State of New York.
Mr. President, I'll be voting in the affirmative. Thank you.
ACTING PRESIDENT FUNKE:Thank you, Senator Carlucci. You're recorded in the affirmative.
Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT FUNKE:The bill is passed.
Floor Leader, that completes the noncontroversial reading of the calendar.
SENATOR DeFRANCISCO: If we can go back to motions and resolutions for moment.
ACTING PRESIDENT FUNKE:Motions and resolutions.
SENATOR DeFRANCISCO: On behalf of Senator Flanagan, on page number 27 I offer the following amendments to Calendar Number 213, Senate Print Number 3912, and ask that said bill retain its place on the third reading.
ACTING PRESIDENT FUNKE:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: Yes, and there was one bill that we temporarily laid aside on the noncontroversial calendar, which is Calendar Number 409, Senate Print 98. Can we call that bill at this moment.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Calendar Number 409, by Senator Boyle, Senate Print 98, an act to amend the Education Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Senator Boyle to explain his vote.
SENATOR BOYLE:Thank you, Mr. President, to explain my vote.
It's very fitting that we're taking up this bill today on Animal Advocacy Day here in Albany. Many legislators, Assemblymembers and Senators, came with their pets to advocate for animal welfare legislation. This is the Research Animal Retirement Act, otherwise known as the "Beagle Freedom" legislation.
Today our Animal Advocacy Day was cosponsored by myself and Assemblyman Jim Tedisco and Senator Sue Serino, our colleague here. Local weatherman Steve Caporizzo has been an animal advocate for many years. And we had hundreds of advocates from all over the State of New York and even all over the country -- Shannon Keith and Kevin visited from California.
This is an important piece of legislation. All it says is that dogs and cats in certain facilities need to be offered adoption through private placement or a not-for-profit animal rescue or shelter organization after the research they're taking part in is finished.
We have mostly beagles in these facilities, but all sorts of other animals that researchers -- thank you, Mr. Leader.
ACTING PRESIDENT FUNKE:A little order in the chamber, please.
I'm sorry, Senator.
SENATOR BOYLE:And when the research is done, these animals should be put up for adoption so they can have loving forever homes for the remainder of their lives.
It's a commonsense piece of legislation. Last year it passed this body 59 to zero, and I hope and expect that it will pass unanimously again today.
And I say please, New York State Assembly, pass this commonsense legislation. Protect these animals. They sacrifice for us. Let's give them a long, happy life.
I vote in the affirmative.
ACTING PRESIDENT FUNKE:Senator Boyle voting in the affirmative.
Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT FUNKE:The bill is passed.
That completes the noncontroversial reading, Mr. Floor Leader.
SENATOR DeFRANCISCO: Okay. At this point there will be an immediate meeting of the Energy Committee in Room 124. And upon receiving the report from the Energy Committee, we will be adjourning, so you won't have to vote on anything else.
And we will report back -- oh, okay. In that case, there's an immediate meeting of the Energy Committee immediately after we adjourn. And that meeting is in Room 124.
Is there any further business at the desk?
ACTING PRESIDENT FUNKE:There is no further business.
SENATOR DeFRANCISCO: That being the case, we will adjourn until Monday, June 8th, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT FUNKE:On motion, the Senate stands adjourned until Monday, June 8th, at 3:00 p.m., intervening days being legislative days.
(Whereupon, at 11:42 a.m., the Senate adjourned.)
Highest impact first.
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